Cobb spurns resolutions supporting ethylene oxide legislation

08/02/2019 — Smyrna, Georgia — A protest sign placed near the Sterigenics plant warns individuals of Ethylene Oxide pollution in Smyrna, Friday, August 2, 2019. (Alyssa Pointer/alyssa.pointer@ajc.com)

08/02/2019 — Smyrna, Georgia — A protest sign placed near the Sterigenics plant warns individuals of Ethylene Oxide pollution in Smyrna, Friday, August 2, 2019. (Alyssa Pointer/alyssa.pointer@ajc.com)

Cobb Commissioner Lisa Cupid failed to convince her fellow commissioners to add several resolutions in support of proposed ethylene oxide legislation to the board’s meeting agenda Tuesday.

The resolutions would have been a largely symbolic gesture as state lawmakers debate the issue ahead of Crossover Day. Covington City Council unanimously approved a similar resolution last month.

Both Cobb and Covington have been the site of protests since last summer over medical sterilization plants that are legally permitted to use the cancer-causing gas.

Since then, ethylene oxide has become a hot topic in the legislature, with several proposals in the state House and Senate to increase reporting requirements and permit conditions for sterilizers.

Meanwhile, the Sterigenics facility in Cobb remains shuttered after the county pulled its permits, allegedly for violating fire code.

At Tuesday’s meeting, Cobb commissioners said they had not had enough time to study the proposed legislation, that they could not support stricter regulation without further study, and that it was unfair of Cupid to add the resolutions at the last minute because she has criticized the board in the past for doing the same thing.

“This was brought at the last minute and that is my issue,” Commissioner Bob Ott said, addressing Cupid. “We have heard too many times, from you commissioner, that we cannot continue to do that and you can’t have it both ways.”

Cupid has a history of opposing agenda items when she feels procedure has not been followed. In 2013, she was the only 'no' vote on public funding for the new Braves stadium, saying the process was rushed. Most recently, she clashed with Ott over the appointment of the new county manager because, she said, the county had not conducted an open search.

On Tuesday, Cupid defended the last minute addition, saying Crossover Day this week made the resolutions timely, and that Ott had plenty of time to acquaint himself with the proposals.

“This bill did not have to be printed and put in front of him for him to read it, especially given that Sterigenics is in his district,” she said. “We have done enough work at the local level to know how significant it is to require the reporting of un-permitted releases of ethylene oxide.”

Chairman Mike Boyce and Commissioner JoAnn Birrell both appeared unfamiliar with the contents of the bills, but voted to place one of the resolutions on the agenda for discussion and a vote. The motion failed, with Commissioners Ott and Keli Gambrill in opposition. Adding an item to the agenda at the last minute requires a super-majority vote of at least four.

Gambrill said she had not had time to read the proposals, but also did not appear supportive.

“This is an (Environmental Protection Division) matter and we need to leave it in the hands of the EPD,” she said.

Tony Adams, a Cobb resident who lives less than a mile from Sterigenics and attended the meeting, said he was “shocked and disappointed” by the entire exchange.

“For them to say initially that they didn’t know anything about these bills is unacceptable,” he said. “Either they’re lying or they’re not doing their job.”